Committee may execute leasing powers of limited estate Lunatics lunatic's benefit as the Court or a Judge shall direct; and upon the lunatic's death the moneys remaining on the credit of such separate account shall, as between the representatives of his real and of his personal estate, be considered as real estate. 70. Where a lunatic has a limited estate only in land, and any power whatsoever of leasing the same as vested in him, the committee innatics having of his estate may and shall, from time to time, in the name and on behalf of the lunatic, under order of the Court or a Judge, execute the power to such extent and in such manner as the order shall direct; and all fines, premiums and sums of money (if any), received for or upon the granting of any lease under this present provision, shall be applied and disposed of in manner directed in Section 72 of this Act, respecting the fines, premiums and sums of money thus mentioned. Committee may and make new lease 71. Where a lunatic is entitled or has a right to renew, or either accept surrender it would be for his benefit to renew or he might in pursuance of any covenant and agreement if not under disability be compelled to renew, a lease made for a life or lives, or for a term of years, either absolute or determinable on a death or otherwise, the committee of his estate may, in his name, under an order of the Court or a Judge, upon the application of the committee or of any person entitled to the renewal, accept a surrender of the premises comprised in the lease surrendered, for such number of lives or for such term or terms of years determinable upon such number of lives or for such term or terms of years absolute, as was or were mentioned and contained in the lease surrendered at the making thereof, or otherwise as the Court or a Judge shall order; but so that no renewed lease be executed by virtue of this Act, in pursuance of any covenant or agreement, unless the fine (if any), or such other sum of money (if any) as ought to be paid on renewal, and such other things (if any) as ought to be performed in pursuance of the covenant or agreement by the lessee or tenant, be first paid and performed and a counterpart be duly executed by the lessee. Fines how to be paid On lunatic's death quality of money arising from fines Committee may exercise power vested in lunatic for his own benefit or give consent Committee may 72. All fines, premiums and sums of money received upon renewal shall, after deduction of all necessary incidental charges and expenses, be paid to the committee of the estate, and be applied for the lunatic's benefit as the Court or a Judge shall order, but upon a lunatic's death all such moneys as have arisen by such fines, premiums and sums of money, or so much thereof as then remains unapplied for his benefit, shall as between his real and his personal estate be considered as real estate, unless the lunatic be tenant for life only, and then the same shall be considered as personal estate. 73. Where a power is vested in a lunatic for his own benefit or the consent of lunatic is necessary to the exercise of a power, and such power or consent is in the nature of a beneficial interest to the lunatic, and it appears to the Court or a Judge to be for the lunatic's benefit that the power should be executed or the consent given, as the case may be, the committee of the estate may, in the name and on behalf of the lunatic, under the order of the Court or a Judge, made upon the application of the committee of the estate, exercise the power or give the consent, as the case may be, in such manner as the order shall direct. 74. Where the power is vested in a lunatic in the character of Lunatics trustee or guardian, or the consent of a lunatic to the exercise of a power is necessary in the like character or as a check upon the undue exercise of the power, and it appears to the Court or a Judge to be fit and expedient that the powers should be exercised or the consent given, as the case may be, the committee of the estate, in the name and on behalf of the lunatic, may exercise the power or give the consent, as the case may be, in such manner as the order shall direct. 75. Where under this Act the committee of the estate, under order of the Court or Judge, exercises, in the name and on behalf of the lunatic, a power of appointing new trustees vested in the lunatic, the person or persons who shall after and in consequence of the exercise of the power be the trustee or trustees shall have all the same rights and powers as he or they would have had if the order had also been made by the Court in its equitable jurisdiction under The Trustee Ordinance, 1854,' or if he had been appointed by a decree of that Court in a suit duly instituted, and the Court or a Judge may in any such case where it seems to be for the lunatic's benefit and also expedient, make any and every such order respecting the land or stock or choses in action, subject to the trust as might have been made in the same case under the provisions of The Trustee Ordinance, 1854' on the appointment thereunder of a new trustee or trustees. 76. Where by the report of the master of the said Court or by affidavit or otherwise it is established to the satisfaction of the Court or a Judge that any person is of unsound mind and incapable of managing his affairs and that his property does not exceed one thousand pounds in value, or that the income thereof does not exceed fifty pounds per annum, such Court or a Judge may, without directing any inquiry under a commission of lunacy, make such order as to such Court or Judge may seem expedient for the purpose of rendering the property of such person or the income thereof available for his maintenance or benefit or for carrying on his trade or business: Provided that the alleged insane person shall have such personal notice of the application for such order as aforesaid as the Court shall by any general order to be made as hereinafter mentioned direct. 77. For the purpose of giving effect to any such order as is mentioned in the last preceding section the Court or a Judge may. order any land, stock or other property of such person aforesaid to be sold, charged by way of mortgage or otherwise disposed of, and a conveyance, transfer, charge or other disposition thereof to be executed or made by any person on his behalf; and may order the proceeds of any such sale, charge, or other disposition, or the dividends or income of such land, stock or property to be paid to any relative of such insane person or to such other person as it may be considered proper to trust with the application thereof, to be by him applied in the maintenance or for the benefit of the insane person or of him and his family, either at the discretion of such relative or person or in such manner and subject to such control as the Court or a Judge may direct; and for the purposes above mentioned the Court or a Judge shall have all the same powers with respect to the transfer, sale and disposition of and otherwise respecting the real and personal property of such person as aforesaid as if he had been found lunatie by inquisition. Power to apply property of persons acquitted on the ground of insanity for their benefit Court or Judge may direct Master to report as to lunacy of person de guardian of his income Lunatics 78. Where any person has on the trial of any indictment or information been acquitted on the ground of insanity, the Court or a Judge on being satisfied by affidavit or otherwise of the continued insanity of such person and of his being still in confinement, may make any such order with respect to the property of such person and the application thereof for his maintenance or benefit or that of his family or for carrying on his trade or business as is mentioned in the two last preceding sections. 79. When any person shall have been received or taken charge of as a lunatic upon an order and certificates, or an order and certificate, in pursuance of the provisions of this Act, and shall have been detained tained in asylum, as a lunatic for the twelve months then last past, the Court or a Judge and may appoint may direct that the Master of the Court shall, and thereupon the said estate, and direct Master shall, personally examine such person, and shall take such application of his evidence and call for such information as to such Master shall seem necessary to satisfy him that such person is a lunatic; and shall report thereon to such Court or Judge; and such Court or Judge may thereupon from time to time make orders for the appointment of a guardian, or otherwise for the protection, care and management of the person, or of any person who shall by any such report as last aforesaid be found to be a lunatic; and such guardian shall have the same powers and authorities as the committee of the person of a lunatic found such by inquisition; and such Court or Judge may also make order for the appointment of a receiver, or otherwise for the protection, care and management of the estate of such lunatic; and such receiver shall have the same powers and authorities as a receiver of the estate of a lunatic found such by inquisition; and such Court or a Judge may also make orders for the application of the income of such lunatic, or a sufficient part thereof, for his maintenance and support, and in payment of the costs, charges and expenses attending the protection, care and management of the person and estate of such lunatic, and also to the investment or other application for the purpose of accumulation of the overplus (if any) of such income for the use of such lunatic as to the Court or a Judge shall from time to time in each case seem fit: Provided always that such protection, care and management shall continue only during such time as such lunatic shall continue to be detained as a lunatic, upon an order and certificates or certificate as aforesaid, and for such further time, not exceeding six months, as the Court or a Judge may fix; provided also that the Court or a Judge may in any such case, either before or after directing such inquiry by such Master aforesaid and whether such Master shall have made such a report as aforesaid or not, direct a commission in the nature of a writ de lunatico inquirendo to issue to inquire of the lunacy of such person. Master to have all necessary powers of in. quiry and to make inquiries referred to him 80. The Master of the said Court shall have power, in the prosecution of all inquiries and matters which may be referred to him as aforesaid or otherwise under this Act, to summon persons before him and to administer oaths and take evidence either viva voce or on affidavit, and to require the production of books, papers, accounts and documents, and the Court or a Judge may by any order, either general or particular, refer to the said Master any inquiries under the provisions of this Act relating to the person and estate of any lunatic as to whom a report shall be made by the Master in like manner as inquiries Lunatics relating to the persons and estates of lunatics found such by inquisition now are. 81. Every surrender, lease, agreement, deed, conveyance, mortgage or other disposition granted, accorded, made or executed by virtue of this Act shall be as valid and legal to all intents and purposes as if the person in whose name and place or on whose behalf the same was granted, accorded, made or executed had been of sound mind and had granted, accorded, made or executed the same. Deeds, &c., executed under to be as valid as been of sound mind this Ordinance if lunatic had 82. All transfers and payments made in pursuance of this Act Transfers and shall be valid and binding to all intents and upon all persons whomso-payments to be ever. 83. The Court or a Judge may order the costs and expenses of and relating to the petitions, applications, orders, directions, conveyances and transfers to be made in pursuance of this Act or any of them to be paid and raised out of or from the real or personal estate, or the rents, dividends, produce or income in respect of which the same respectively shall be made in such manner as to such Court or Judge may seem proper. any 84. If on information before any Resident Magistrate or Police Magistrate or two Justices it shall be made to appear that lunatic confined in any asylum has an estate, real or personal, applicable to his maintenance and more than sufficient to maintain his family (if any), such Resident Magistrate or Police Magistrate or Justices may make an order, under his or their hand and seal or hands and seals, directing the seizure of so much money or the seizure and sale of so much of the goods and chattels, or directing any person to be therein named to receive and take so much of the rents and profits of the lands and tenements of such lunatic or other income of such lunatic as may be necessary to pay for the lodging, maintenance, clothing, medicine and care of such lunatic, and the receipt of the person named in such order to receive any moneys to be realised under such order, shall be sufficient discharge to any person paying over any moneys of the lunatic in his possession: Provided that no such order shall be made in any case where a common receiver or guardian has been appointed for the estate of such lunatic by the Supreme Court. 85. Nothing in this Act contained shall extend to subject any part of a lunatic's property to the debts or demands of his creditors, further or otherwise than as the same is now subject thereto by due course of law. 86. The said Court may from time to time make such orders for regulating the forms and mode of proceeding before the Court or a Judge, and before the said Master, and of any other proceedings pursuant to the provisions of this Act, for the due protection, care and management of the person and estates of lunatics, and for regulating the procedure to be adopted and duties to be performed by the said Master for obtaining such reports as aforesaid, and for vesting in such Master or other officers such powers as to the said Court may appear expedient for the purposes aforesaid; and also for forcing, altering and discontinuing the fees to be received and taken in respect of such proceedings, and generally for carrying into effect the aforesaid provisions, as to the said Court shall seem meet; and such orders as aforesaid, or binding Committee may The following offences to be misdemeanours Lunatics any of them, may be from time to time rescinded and varied by the like authority; and all such orders shall be laid before the Governor in Executive Council, within fourteen days from the making thereof; and if the Governor in Executive Council shall, within thirty-six days next after any such orders as aforesaid shall be laid before him, resolve by minute under his hand that the whole or any part thereof ought not to continue in force, in that case the whole order, or part of the order specified in the resolutions, as the case may be, shall from and after the minuting of such resolution cease to be binding. 87. Whenever it shall appear to the Supreme Court, or a Judge thereof, that a person residing in any place other than the said Colony has been declared lunatic and incapable of managing his affairs, by any Court of competent jurisdiction in the place wherein such person shall reside, the said Supreme Court, or a Judge thereof, may appoint a committee for the management of such person's affairs, which committee shall have all such powers for the management of the lunatic's property and affairs as though such lunatic had been found lunatic by the said Supreme Court, and the committee had been appointed by such Court. PART V OFFENCES AND PENALTIES 88. Any Resident or Superintending Medical Officer or other officer or servant of any asylum who shall knowingly or wilfully neglect to make due entry in the Book of Admissions,' The Book of Admissions of Dangerous and Criminal Lunatics,' 'The Medical Journal,' or The Case Book,' of all or any of the particulars by this Act required to be made by them or any of them respectively; Or shall fraudulently conceal, or attempt to conceal, any part of any Or shall through wilful neglect, or connivance, permit any person |
